You’ve heard the lines on countless television shows and movies that begin, “You have the right to remain silent. Anything you say can and will be used against you in a court of law…”
Thus begins the “Miranda Warning” that reminds people in this country that they have certain rights under the U.S. Constitution when they’re facing accusations of criminal activity. The Miranda Warning is considered a critical part of the criminal justice system – but most people don’t really understand when it’s required.
2 things have to be true before Miranda Warnings are required
Police are only required to Mirandize you under very specific conditions related to custodial interrogation. That means:
- You must be in police custody. That means you are not free to leave. This does not necessarily mean you are handcuffed or in the back of a police car, but it can include any situation where any reasonable person would feel they are not at liberty to simply walk away or when you are told that you are not permitted to leave.
- You must be subject to interrogation. This is any situation where the police are asking direct questions about a crime that are designed to elicit an incriminating answer. It does not include routine questions either before or after arrest, such as your name or address.
Only when both conditions are met are the police required to read you the Miranda Warning. For example, consider this routine situation: the police pull you over for a traffic violation. The officer asks, “Do you know why I pulled you over?” While you may feel compelled to answer, you are not under arrest and the officer is not interrogating you about a specific crime, so the officer is not required to Mirandize you first – and that’s where a lot of people make mistakes. They start talking because they think that what they say cannot be used against them since the Miranda Warning wasn’t given.
If you’re being asked questions by the police, don’t wait on a Miranda Warning to exercise your right to remain silent. Assert your rights and don’t discuss anything further without legal guidance.